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Colgan Law Firm LLC
Serving Wyandotte, Leavenworth, Johnson Counties in Kansas and Beyond

When plans for amicable divorce turn into a child custody battle

If you're among Kansas parents who are currently navigating divorce proceedings, you may relate to those who are facing challenging child custody problems. Like most good parents, you want what is best for your kids and perhaps your main goal was to simply negotiate a fair and agreeable divorce settlement and co-parenting plan, then move on in life with your children, leaving the past (and your marital problems) behind.  

If you were unable to achieve that goal because your ex is fighting for custody of your kids, it is critical that you understand state laws and know where to turn for support if you hope to obtain a favorable result in court. There are several things to keep in mind when battling over child custody. If you remain proactive, you cannot only protect your parental rights but your children's best interests as well.  

Be as prepared as possible 

If your intent was to create a custody plan outside of court but wound up being unable to do so because your co-parent had other ideas, you may be in for a real fight to obtain custody of your kids. A key factor to success is to prepare yourself, especially if you believe your ex is going to pull some low punches. The following ideas may be helpful in your situation: 

  • If you do not have a legal background in family law, it's always a good idea to talk to someone ahead of time who is well-versed on state guidelines. 
  • Be prepared to show evidence that refutes false accusations against you, such as if your former spouse tries to claim you are an unfit parent. 
  • It will likely be in your favor to show the court that you have been the primary caretaker of your children for most of the duration of your marriage, if that is the case.
  • If there is a reason you believe your spouse's presence is a detriment to your children, you will definitely want to be able to support your statement with evidence.

It is understandable that you may feel sad, stressed and overwhelmed at having to fight the person to whom you were once married to obtain custody of your children. Knowing that you are not alone in your struggle, however, and that there are strong support networks in place to help you present your case may be just what you need to gain confidence and move toward as positive an outcome as possible.

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